Search Results

Radical Constitutional Pluralism in Europe

Download or Read eBook Radical Constitutional Pluralism in Europe PDF written by Orlando Scarcello and published by Taylor & Francis. This book was released on 2022-12-23 with total page 183 pages. Available in PDF, EPUB and Kindle.
Radical Constitutional Pluralism in Europe
Author :
Publisher : Taylor & Francis
Total Pages : 183
Release :
ISBN-10 : 9781000828535
ISBN-13 : 1000828530
Rating : 4/5 (35 Downloads)

Book Synopsis Radical Constitutional Pluralism in Europe by : Orlando Scarcello

Book excerpt: This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounting Euroscepticism and nationalism. This work employs a strongly pluralist perspective and a comparative methodology, and looks at constitutional crises outside the EU to ground the claim that pluralism and conflicts are essential elements of modern constitutions. It shows how the challenge of constitutional pluralism depends on a mistaken interpretation of positivist theory and how the latter, reinterpreted in a manner close to legal realism, has the resources to explain pluralism. Finally, the book addresses the issue of constitutional conflicts within the EU: it examines in detail recent cases of open disobedience to EU law by national courts and distinguishes physiological conflict from constitutional pathology. This work will be of particular interest to students and academics in Law and Political Science. It will also be compelling reading for scholars in general jurisprudence, EU law, constitutional and comparative constitutional law, and the history of European integration.


Radical Constitutional Pluralism in Europe Related Books

Radical Constitutional Pluralism in Europe
Language: en
Pages: 183
Authors: Orlando Scarcello
Categories: Law
Type: BOOK - Published: 2022-12-23 - Publisher: Taylor & Francis

DOWNLOAD EBOOK

This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the
Beyond Constitutionalism
Language: en
Pages: 383
Authors: Nico Krisch
Categories: Law
Type: BOOK - Published: 2010-10-28 - Publisher: Oxford University Press, USA

DOWNLOAD EBOOK

Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal ord
Research Handbook on Legal Pluralism and EU Law
Language: en
Pages: 437
Authors: Gareth Davies
Categories: Electronic books
Type: BOOK - Published: - Publisher: Edward Elgar Publishing

DOWNLOAD EBOOK

The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of t
The Tangled Complexity of the EU Constitutional Process
Language: en
Pages: 175
Authors: Giuseppe Martinico
Categories: Law
Type: BOOK - Published: 2022-08-05 - Publisher: Taylor & Francis

DOWNLOAD EBOOK

Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main po
Militant Democracy
Language: en
Pages: 271
Authors: András Sajó
Categories: Civil rights
Type: BOOK - Published: 2004 - Publisher: Eleven International Publishing

DOWNLOAD EBOOK

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was
Scroll to top